Concerns raised for proposed whistleblowing rules

Update from:

Source: transparency.bg

Following the adoption of new legislation to transpose the EU Directive on Whistleblowing into Bulgarian national law, the Commission for Personal Data Protection (CDPD) โ€“ the designated central authority to handle whistleblowing reports โ€“ has published a draft proposal outlining how it intends to handle reports and protect whistleblowers.  

The Law on the Protection of Persons Reporting or Publicly Disclosing Information on Violations (PDPA) entered into force on 4 May 2023. Under the law, the CPDP has now for receiving external reports as a โ€œcompetent authorityโ€ as provided for under the Directive. Under Section 9 of the law, an Ordinance setting a framework for a register of reports, and the procedure for referring internal reports (made to employers directly) to the CPDP.  

The CPDP have published the Draft Ordinance on the Keeping of the Register of Alerts under Article 18 of the Law on the Protection of Persons Reporting or Publicly Disclosing Information on Violations and on the Forwarding of Internal Signals to the Commission for Personal Data Protection and called for comment through public consultation

Anti-corruption NGO Transparency International Bulgaria have raised concerns regarding the new laws. In a public statement commenting on the draft ordinance, they state that the proposed framework is too broad, and that it has been rushed through to meet a deadline. They also highlight that until this ordinance is properly implemented, it cannot be said that Bulgaria has yet transposed the Directive. The deadline for all EU Member States to fully transpose the Directive was 17 December 2021. 

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